Succession and Probate Duties Acts Amendment Act of 1958 (7 Eliz Ii No. 45) (Qld)

742 SUCCESSION. Succession and Probate Duties, Etc., Act. 7 E liz . II. No. 45, SUCCESSION. 7 N E o l . iz 4 . 5I. I. An Act to Amend “The Succession and Probate T he S uccession Duties Acts, 1892 to 1955/’ in certain AND P robate D uties particulars. A cts A mendment A ct of 1958. [A ssented to 3 rd D ecember , 1958.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Succession and Probake Duties Acts Amendment Act of 1958.” tCitollel. ective to 19(525. ) ,” * a“nd Th t e hi S s u A cc c e t s m sio a n y a b n e d c P o r ll o e b c a ti t v e e D ly ut c ie it s ed Ac a t s s, “ 1 T 8 h 92 e Succession and Probate Duties Acts, 1892 to 1958.” Nineswerts e . d 1 . 2 b as pr2ev. iou T sl h y e a S m uc e c n e d s e s d io , n is an fu d r P th r e o r ba a t m e e D n u d t e ie d s b A y ct i , ns1e8r9ti2n/g’, after section 12 a thereof, the following section:— “ [12 b .] (1.) Where a successor— (a) Is entitled in possession to a succession (other than a limited interest); or (6) Is entitled to a succession in expectancy and the duty presumptively payable in respect of that succession in expectancy has been commuted and paid, and the successor dies within three years of the date of the death of the predecessor from whom he derived that succession, a rebate shall, subject to this section, be allowed on the duty payable under this Act in respect of the successor’s death. (2.) Subject to subsection three of this section, every such rebate shall be an amount equal to a percentage of the duty paid in respect of such succession determined in accordance with the following rules:— (a) Where the successor died in the first year after the predecessor, seventy-five per centum ; * 56 V. No. 13 and amending Acts, t 56 V. No. 13.

SUCCESSION. 743 1958. Succession and Probate Duties, Etc., Act. (b) Where the said successor died in the second year after the predecessor, fifty per centum ; and (c) Where the said successor died in the third year after the predecessor, twenty-five per centum. ( 3 .) Where the net value of the whole estate of the successor is less than the net value of the succession (other than any limited interest) derived by him by reason of the death of his predecessor, the rebate shall be a part of the amount fixed by subsection two of this section bearing the same ratio to the whole of that amount, as the net value of the whole estate of the successor bears to the net value of the succession (other than any limited interest) derived as aforesaid. (4.) No rebate shall be allowed in excess of the amount of the duty that would, but for this section, be payable in respect of the successor’s death. (5.) In this section “ limited interest ” includes every estate, interest or benefit which terminated during the lifetime or on the death of the person in whom it was vested. (6.) This section shall apply to cases where the successor dies on or after the passing of *“ The Succession and Probate Duties Acts Amendment Act of 1958,” whether the predecessor died before, on, or after such passing.” 3. Section 49c of f“ The Succession and Probate Amendment Duties Act, 1892,” is renumbered subsection one 0fofs-49c- that section, and as so renumbered is amended by adding thereto the following subsection:— “ (2.) The Commissioner or any officer duly authorised by him or any witness on his behalf shall not be required to produce in court any return, declaration, valuation, statement, requisition, assessment, notice or any other document or disclose to any court the fact that he has received any information or the nature thereof or the name of the person who gave such information or any matter or thing coming under his notice in the performance of his duties under this Act except when it is necessary so to do for the purpose of carrying into effect the provisions of this Act.” * This Act. t 56 V. No. 13.

744 SUCCESSION—TOBACCO. Tobacco Act Repeal Act. 7 E liz . II. No. 29, 1958. AEofmdsw.en. 1dV1mIoIef. n4ts Dutie 4 s . A S c e t ct o io f n19e0le4v, ” enasofpr* e“vi T o h u e sl S y uc a c m es e s n i d on ed a , n i d s P fu ro rt b h a e te r No. 17. amended— (a) By repealing the second paragraph of subsection eight thereof; and (b) By repealing, in the first paragraph of subsection fourteen thereof, the word “ negligible ” and inserting, in lieu of that repealed word, the words “ less than ten pounds TOBACCO. 7 E liz . II. No. 29. T he T obacco A ct R epeal A ct OP 1958. An Act to Repeal “ The Tobacco Act of 1894.” [A ssented to 14 th O ctober , 1958.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. This Act may be cited as “ The Tobacco Act Repeal Act of 1958.” Commence­ 2. This Act shall come into operation on and from ment. the first day of July, one thousand nine hundred and fifty-nine. Repeal of 58 Vic. No. 5. 3. t“ The Tobacco Act of 1894 ” is hereby repealed. * 4 E. 7 No. 17. t 68 V. No. 5.